MAHINDRA HINODAY INDUSTRIES LTD, MUMBAI V. ASST CIT RG 6(3), MUMBAI

ITA 5533/MUM/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0138 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 07-12-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: V JENARDHANAN
• Assessee Lawyers: PRASAD BAPAT
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI R. C. SHARMA , ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ./ I.T.A. NO. 5533/MUM/2015 ( / ASSESS MENT YEAR: 2009 - 10 ) MAHINDRA HINODAY INDUSTRIES LIMITED (FORMERLY KNOWN AS MAHINDRA CASTING LIMITED) (SUBSEQUENTLY MERGED WITH MAHINDRA CIE AUTOMOTIVE LIMITED W.E.F 10 TH DECEMBER, 2014) 1 ST FLOOR, MAHINDRA TOWERS, DR. G. M. BHOSALE MARG, P. K. KUNE CHOW K, WORLI, MUMBAI - 400 018 / VS. ASST. CIT, RANGE 6(3), MUMBAI ./ ./ PAN/GIR NO. AAFCM 2152 F ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI PRASAD BAPAT / RESPONDENT BY : SHRI V. JENARDHANAN / DATE OF HEARING : 12.07.2017 / DATE OF PRONOUNCEMENT : 29 .0 8 .2017 / O R D E R PER R. C. SHARMA , A. M.: THIS IS AN A PPEAL FILED BY THE ASSESSEE AGAINST THE O RDER BY THE LD. CIT(A) - 21 , MUMBAI DATE D 01 .09.2015 , IN THE MATTER OF ORDER PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR (A.Y.) 2009 - 10 . 2 ITA NO. 5533/MUM/2015 (A.Y. 2009 - 10) MAHINDRA HINODAY INDUSTRIES LIMITED VS. ASST. CIT 2. GROUND NOS. 2 AND 3 ARE WITH REGARD TO THE DISALLOWANCE U/S. 14A AND ADDI TION MADE WHILE COMPUTIN G THE BOOK PROFIT U/S. 115JB, WERE NO T PR ESSED BY THE LD. AR, THE SAME ARE THEREFORE DISMISSED IN LIMINE AS NOT PRESSED. 3. IN GROUND NO. 1, THE ASSESSEE HAS ALLEGED THE CONFIRMATION OF DISALLOWANCE OF RS.1, 20,600/ - TOWARDS VERIFICATION EXPENSES RELATING TO DEPB LICENSE. OUR ATTENTION WAS I NVITED TO THE ORDER OF THE TRIBUNAL FOR THE A.Y. 2005 - 06 , WHEREIN SIMILAR DISALLOWANCE WAS RESTORED BACK TO THE FILE OF THE A.O. FOR VERIFICATION. THE LD. AR ALSO POINTED OUT THAT WHILE PASSING THE ORDER, TO GIVE EFFECT TO THE ORDER OF THE TRIBUNAL, THE A. O. AFTER VERIFICATION HAS DELETED THE DISALLOWANCE . AS THE FACTS AND CIRCUMSTANCES DURING THE YEAR UNDER CONSIDERATION ARE SAME, RESPECTFULLY FOLLOWING THE ORDER OF THE TRIBUNAL, WE RESTORE THE DISALLOWANCE OF RS.1,20,600/ - TO THE FILE OF THE A.O. FOR DECI DING AFRESH AFTER VERIFICATION. 4. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED IN PART. ORDER PRONOUNCED IN THE OPEN COURT ON 29/08/2017 S D/ - S D/ - ( AMARJIT SINGH ) ( R. C. SHARMA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / MUMBAI ; / DATED : 29/08/2017 \ . . ./ ROSHANI , SR. PS 3 ITA NO. 5533/MUM/2015 (A.Y. 2009 - 10) MAHINDRA HINODAY INDUSTRIES LIMITED VS. ASST. CIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELL ANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI